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Resource Management Act 1991

Designations and heritage orders - Heritage orders

195B: Transfer of heritage order

You could also call this:

"When the government can pass on the care of a special heritage place to someone else"

Illustration for Resource Management Act 1991

The Minister can decide to transfer the responsibility of a heritage order to another authority. You need to know the Minister cannot do this if the order is about private land and the transfer is to a certain type of body corporate approved under section 188. The Minister must think about the heritage values of the place and how it can still be used when making this decision. The Minister must also consider other things like how the order affects the property owner's rights and if the new authority can protect the place. Before making a decision, the Minister must tell the current authority, the new authority, the property owner, and others with an interest in the place about the plan. They can then write to the Minister to object or make a submission within 20 working days. The Minister must look at all the objections and submissions before making a final decision. In this case, private land means what is defined in section 189(6).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7237745.

Topics:
Environment and resources > Heritage protectionHousing and property > Land use
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195A: Alteration of heritage order, or

"Changing a Heritage Order: How to Make Changes to Protected Sites"

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"The Minister must tell everyone about their decision and the local council must update their plan."

Part 8Designations and heritage orders
Heritage orders

195BTransfer of heritage order

  1. The Minister may, on the Minister’s own initiative, transfer responsibility for an existing heritage order to another heritage protection authority.

  2. However, the Minister must not exercise the power under subsection (1) if—

  3. the heritage order relates to private land; and
    1. the transfer of the order is to a body corporate approved under section 188.

      1. In determining whether to transfer responsibility for an order under subsection (1), the Minister must take into account—

      2. the heritage values of the place or area subject to the heritage order; and
        1. the reasonable use of the place or area despite it being subject to a heritage order; and
          1. any other matters that the Minister considers relevant, such as—
            1. the effect of the heritage order on the property rights of the owner and occupier (if any) of the place or area:
              1. the ability of the heritage protection authority to whom the Minister proposes to transfer the heritage order to protect the place or area.

              2. Before the Minister may make a determination to transfer responsibility for a heritage order under this section, the Minister must serve written notice of the Minister’s intention to do so on—

              3. the heritage protection authority currently responsible for the heritage order; and
                1. the heritage protection authority to whom the Minister proposes to transfer that responsibility; and
                  1. the owner and occupier (if any) of the place or area subject to the heritage order and any other person with a registered interest in that place or area; and
                    1. the territorial authority in whose district the place or area subject to the order is located.

                      1. The persons or organisations served with a notice under subsection (4) may, within 20 working days after being served, make a written objection or submission to the Minister on the Minister’s proposal.

                      2. The Minister must take into account all objections and submissions received within the specified time before making a final determination.

                      3. In subsection (2), private land has the meaning given in section 189(6).

                      Notes
                      • Section 195B: inserted, on , by section 99 of the Resource Legislation Amendment Act 2017 (2017 No 15).